civus
Hearing video

ZBA Hearing - December 20, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 20, 20237h 17m

Okay, please proceed, ma'am.

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And I was tasked to be the coordinating RCO under Belmont Alliance Civic Association.

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And at the meeting with Mr. Nassimson and Mr. Katz, it was unclear to us of how they were going to go with this building.

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We were told that this was going to be a four unit.

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Nobody had a problem with that.

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Then we looked up to see two mechanical pilot houses or access pilot houses, along with the roof deck.

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We were also told in this meeting that the residents would be choice voucher residents.

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and I and everyone was thinking why in the world would they build a roof deck on top of a building

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and wanting children to have access to this area there was no plan for ADA to put up the building

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be ADA compliant because if they were going to rent out to low income they should have made a

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plan for that there was no plan for trees we weren't clear about the yard space or and then

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later they mr not your man not just some i'm sorry stated that it will be yard usage

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i'm sorry ferguson yes i'm here please proceed yeah thank you

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uh the 12 that were opposed were homeowners most of those folks that live on uh I believe

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Pensco Street are renters I'm not taking that away from them I am the committee person for

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this area and so I'm well aware of who lives where but I do know this they wanted Mr. Katz

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to come back to them with respect of showing them the new plans, less the dramatics on the roof.

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And they're owed that to hear and see the changes that were made.

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And they're owed that to hear and see the changes.

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I explained to the lawyer that, look, I cannot change my opinion about what the attendees said.

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I only collect and summarize what is being said to me.

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So with that being said, the neighbors, the homeowners said, look, we want you to come back and be a good neighbor and show us your new plans, explain to us what you're attempting to do.

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put in ADA compliant ramp somewhere where if you're going to rent out to low income or have

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affordable, most likely you'll get a senior in there, in that household. And there was no plan

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for trees. And Mr. Chairman, this is why we actually said no. And thank you for allowing me

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to speak. Oh, thank you. Thank you for your input. We appreciate it. Yeah. Is there anyone else in

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the virtual audience? I see no hands, Chair. Yeah, Mr. Chair, can I just briefly respond to Ms.

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Ferguson? Yeah, and we do respect, you know, the neighbors and the community as a whole,

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and that's why I presented this, you know, where we did revise our plans to, you know,

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only include one pilot house to get rid of that refusal, but with the understanding that the

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board feels so inclined to eliminate the roof deck from the project we understand that as well

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what you know a lot of you know community members don't understand is how long we have to wait

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for these appeals to be heard and if we continue this matter um you know we wouldn't potentially

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get a date until sometime in march my clients already you know the refusal is you know months

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old already um so again what i heard from miss ferguson is that the neighborhood does it has

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no objection to the four amount of units and that's and my client purchased this property

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as an iron one property and it's asking only for four units which would be allowed for as

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as our uh be allowed as a right if that would happen okay um planning commission

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good afternoon chair peter bernard for the planning commission

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this property was rezoned to RSA 5 earlier this year 2023 as part of a community-led remapping

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while there is not a hardship for land we understand the zoning changed recently

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however we feel the proposal represents an overuse of the property accordingly the planning

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commission recommends the board grant the variances with a proviso for not more than three units

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so mi2023 004798 4140 pendergrove um i vote yes uh with proviso revised plan one page

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stamped by zba december 20th 23 no more than three units and no rooftop decks

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James Snell, my vote is yes, with provisor.

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Ishmael Shaheed, my vote is yes, with provisor.

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Thank you.

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Number eight, MI 2023-005-594-702 North 18th Street.

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Mr. Nockmson is the attorney.

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There's a recommendation of support unanimous from United Francisville Civic Association.

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The applicant also provided a petition in support signed by approximately 12 neighbors, along with 13 form letters.

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Mr. Nackamson, could you identify your clients in relationship to the property?

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Yes.

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One second.

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My clients are Dwayne and Natasha Lassiter, the owners of the property.

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Okay, and our vice chair has just a few questions.

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Counselor, do you agree to waive the reading of the refusal or stipulate towards accuracy?

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I do.

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have you emailed in all the required documents that is needed five days in advance of this hearing

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i have thank you please proceed

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please share your screen oh no i'm sorry i'm just uh trying to get to the right to uh to the right

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I'm here to present 702 North 18th Street.

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We're proposing a single-family structure on this property.

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First, I'll present the notice of refusal, then the correspondence from the...

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uh i'll present the notice of refusal then the correspondence from the united francisville

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civil association again unanimous support petition uh well regarded petition my clients

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live behind the property on shirley street all they're trying to do is build a single family home

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on 18th street and live there you know if they've outgrown their residence that they've lived at

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uh you know for third you know duane's lived there for 13 years natasha's lived there for

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10 years when they got married, they moved in together. Comparable variances in this sense,

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like all the refusals, whether it's height or parking or occupied area, have all been dealt

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with with previous projects nearby. And I think that was recognized by the community as well.

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Maps of the area, photographs of the property or plans and drawings or RCO meeting notice or

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application for appeal or deed to property or certificate of tax clearance. And then I would

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asked that Dwayne virtually raised his hand at the conclusion of the presentation. So notice of

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refusal. Again, all we're trying to do is a single family home with a front loading garage. First

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refusal has to do with the front loading garage. Again, not out of character to have front loading

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garages in this part of the neighborhood, as you'll see, you know, from our, you know, presentation.

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There's a deck. The second refusal has to do with the deck. We have a deck coming out of the rear

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on the second floor. That leads to technical refusal in terms of its encroaching in the

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required rear yard. Again, the individuals who'd be most directly impacted by that deck

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signed a petition in support on Shirley Street. Those are my clients' neighbors. They've lived

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in this neighborhood for over, you know, cumulatively, they've lived 13 years, Dwayne

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13, Natasha 10. Next refusal has to do with the height. Again, not out of character to ask for a

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height variance of this sort. We're next to an apartment building that's 55 feet high. So we're

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right off of Fairmont Avenue. So asking for a height variance where the height on the roof line

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would be 41 feet and change is not out of character. Then the next refusal has to do with

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the open area, or is it de minimis request to have open area of 22.4 rather than 25% open area.

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And then the last one has to, and by the way, this is a regular shaped lot. So the open area

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issue has to go with the shape of our property. And the same thing goes with the rear yard depth

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where nine feet's required, where they took the short, the zoning examiner looked at the shortest

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This point from the rear of the property of the building structure to our at the end of our lot line, where there's a portion of our of our lot that goes over 10 feet, which is well within the code.

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But they took the shorter portion of our rear yard. So that's a technical refusal.

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So we met with the United Francisville. I think that was last week. And we had the unanimous support petition.

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everyone nearby supported this project.

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You know, I don't live far from here either.

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Like it's a family-oriented area.

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You know, we want to keep people in Philadelphia.

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And if it takes some variances to make that happen,

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to encourage people to stay because they need more room,

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that's a positive thing for this community.

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And I embrace that as well as someone who lives in Fairmont myself.

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And then these are some letters of support.

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and then nearby comparable variances so 703 north 18th street had an issue with the rear yard area

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rear yard depth and it also asked for parking sound is similar to what we're requesting which

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the board granted uh for that's and that's the zoning permit for it the refusal for 1802 francis

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Street, which is not far from here. Again, open area, rear yard were two of those issues.

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And then 1802 Francis is also the zoning permit for it. Notice a refusal for 1801-03 Fairmont

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Avenue, height, rear yard setback, parking. Same refusals that we're asking the board to allow us

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to undertake with this project.

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And then maps of the area.

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This is, you know, a single-family area,

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and we're embracing that by having a single-family house here.

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And we're just right off Fairmont Avenue.

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And then photographs of the property.

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As you can see, this is the building structure that's 55 feet high.

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And we're looking to – and my clients live literally behind right here on

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Shirley Street.

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So, you know, during the community meeting, Natasha stated that it was

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always literally her dream to purchase this property and build one day. So when there was

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a for sale sign here, you know, Dwayne and Natasha willingly and gladly, you know, purchased the

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You know, Dwayne and Natasha willingly and gladly, you know, purchased the property with the hopes of putting a single family home here.

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I believe they have a condo here on Shirley Street that they live in.

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Proof of posting.

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North 18th Street to the right of the property, to the left of the property, are plans and drawings from Harmon Deutsch.

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But, you know, in terms of the curb cuts, here are all examples of curb cuts on North 18th Street.

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And then, as you can see, these are just these are single family drawings.

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And you can see here of how we're matching the roof line to the property to the left of us.

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The other property is set back a little bit on the fifth story.

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So our roof line matches the roof line of the apartment building to the left of us.

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So we're not taking any light in the air away from the person to the right of us because that light in there is also being affected by this property.

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And then you can see all the garages here on North 18th Street as well.

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So it's not out of character to have garages here.

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We met with the community on December 13th.

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83 addresses were notified in the meeting, proof of mailing to those addresses, our application for appeal, and then our deed to the property showing that my clients own it.

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And then our certificate of tax clearance.

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Again, money is due for 2024.

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With that being said, I would ask that Dwayne or Natasha virtually raise their hands.

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dewayne and natasha please raise your virtual hand

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there are two devices so i can select one and allow them to speak share

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and one's fine okay so they're going to hang out okay

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dewayne lassiter you're free to speak hi sir could you state your name and spell

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please for the court stenographer please unmute

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Hello?

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Lasseter. Yes, fine.

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Could you just state your name and spell please for the court stenographer?

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Sure. Dwayne Lasseter, D-U-A-N-E-L-A.

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Mr. Lasseter, are you still there?

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Mr. Lasseter?

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Yes.

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yeah spell your last name please l-a-s-s-i-c-e-r do you swear or affirm to tell the truth

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the whole truth and nothing but the truth mr lassiter

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he's unmuted here he might be i noticed okay um so mr knockamson i know he's

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trying to get in, but, you know, you're an officer

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of the court. We will take your testimony.

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Questions from the board?

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from

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the virtual audience?

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I see no hands, Chair.

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planning commission good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rsa 5 single family residential

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at this location we feel this proposal represents an overuse and feel the applicant has failed to

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demonstrate a hardship accordingly the planning commission recommends the board denied variance

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can i comment real yeah i mean all the variance requests that we have have been approved by the

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for properties nearby including the front loading garage the occupied area we are a regular shaped

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lot too so some of those refusals have to do with the fact that we're in regular shape

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so for those reasons i would ask that the board grant the variance request thank you

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Number 8, MI2023-005-594-702-North18th Street, I vote yes.

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James Snell, my vote is yes.

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Dishmael Shaheed, my vote is no.

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Is our alternate board member on?

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Mr. Leonard Brown?

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Yes, I'm here.

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Yes, I'm here.

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Well, Barrett, could you vote, please?

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LeBaron, could you vote, please?

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Absolutely.

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Absolutely. LeBaron Leonard Palmer, my vote is yes.

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Thank you.

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Mr. Kelly.

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Yes, Chair.

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How are you holding up?

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I'm fine, Chair. Thanks for asking.

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Okay, so let's take a couple more then.

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Number nine, MI 2023-004-633-2672 Braddock Street.

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Alan Nockmson is the attorney.

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Letter of non-opposition from East Kensington Neighbors and a letter of non-opposition from Council Member Squilla.

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Mr. Nockmson, can you identify your clients and their relationship to the property?

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yeah my client is vj assets llc and then virtual audience is josh kravitz one of its members

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our vice chair has just a few questions

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counselor do you agree to wait the reading of the refusal or stipulate towards aggress

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i do have you emailed down on the required documents and exhibits that is needed

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five days in advance of this hearing i have thank you please proceed and share your screen

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All right, so I'm here to present 2672 Braddock Street.

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This is in the East Kensington section of Philadelphia.

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We'll first review the notice of refusal, then the correspondence from ECNA, as well

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